P.H.A.B. Nutrition Inc., phabnutrition.com, Health & Wellness Style, www.HealthandWellnessStyle.com
Terms of Service
Please read these terms and conditions carefully before using this site
Acceptance of Terms
P.H.A.B. Nutrition, Inc. (the "Company") provides access to the web sites phabnutrition.com and HealthandWellnessStyle.com (the "Sites"), resource sites including but not limited to totallycoached.com, nutritioncoachnetwork.com, usana.com and portal sites including phab.usana.com and Pay Pal (the "Portal Sites") subject to the terms of service set forth in this document. By accessing or using these Sites and Portal Sites, you are agreeing to comply with and be bound by this Agreement. If you do not agree to these terms, you should not access or use our Sites or Portal Sites. These terms of service may be updated by the Company from time to time. Your use of the Sites or Portal Sites will be subject to the most current version of the terms of service. The terms "You" and "User" as used herein refer to all individuals and/or entities accessing the web sites or portal sites for any reason.
This Agreement is void where prohibited by law, and the right to access the Sites or its Portal Sites through any of these Sites is revoked in such jurisdictions.
Description of Service
The Company provides users with access to a variety of in-office service options and online resources for diet, health, nutrition management and coaching, as well as materials, wellness resources, and products. (the "Service").
No information on the Sites or Portal Sites is intended to be a medical diagnoses or advice. The Sites should never be used as medical advice or used in place of a visit to your health care provider. Always seek the advice of your physician prior to starting any new diet, fitness plan, supplement plan or treatment and with any questions you may have regarding a medical condition. The Food and Drug Administration have not evaluated statements on the Sites unless otherwise stated.
The Sites are not intended for, and should not be used by individuals under 18 years old. The Sites are not intended for, and should not be used by individuals who have health problems, or have other special nutritional or medical concerns including those pregnant or lactating. These individuals have unique nutritional, metabolic and health needs. Under special circumstances services may be provided, on a case by case basis, with the following considerations: after face to face consultation with the registered dietitian, physician referral or consent, signed waiver by the User. The appropriate waiver and/or documentation for signature will have been provided by the Company prior to site access.
Services or products including Online Health and Wellness Coaching, books, publications and wellness products are designed to increase client awareness about wellness goals and choices and should not be construed or taken as nutrition counseling or meal planning. Any Users who purchase On-line Health & Wellness Coaching, publications or products, and desire a specific meal plan to achieve a wellness goal should make an in-office appointment with P.H.A.B. Nutrition locally or visit a health and nutrition professional in their area. The User will be responsible, and in no way hold the Company responsible for his/her failure to follow this advisement.
The User is aware and understands that some persons participating in coaching, awareness journaling, diet, lifestyle and wellness programs as a part of the Services may perceive the search for new behavior consistent with changes and new learning as stressful. The User will be responsible, and in no way hold the Company responsible for his/her physical, psychological and emotional well-being, including, if appropriate, seeking help from other qualified professionals.
The User affirms that he/she is in sound mental and emotional health. If under the care of a mental health professional, the User attests that his/her participation is not contrary to the advice of his/her mental health or general health professional. You agree to truthfully disclose any information or concerns that may have a bearing on the provision of the Service and refrain from using services should they be contrary to the advisement of a qualified mental health or general.
The fee is for services or products that occur for the duration of the Service or in the purchase of Products. Sessions or office visits are appointed by the Company, its designated associates and the User based on the scheduling availability of the Company. All payments are due prior to the start of service unless arrangements have been agreed to by the Company in writing. User is responsible for the entire amount of the Service or Product fee regardless of whether or not he/she participates in all Services. User understands and agrees there will be no refunds or prorating of monies paid or monies due.
User Conduct and Responsibilities
Participation in electronic communication vehicles provided through the Company including journals, educational materials and blogs may be included in the Service. You agree not to use the Site or electronic communication provided by or through the Site for illegal purposes or for the transmission of material that is unlawful, harassing, libelous, invasive of another's privacy, abusive, threatening, harmful, vulgar, obscene, tortuous, or otherwise objectionable.
You agree not to interfere with or disrupt the Sites or services or networks connected to the Sites, or disobey any requirements, procedures, policies or regulations of networks connected to the Sites.
The Company has the right to suspend or terminate your account and refuse use of the Service.
The content, publications, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Sites, except as allowed by the following "Limited Right to Use" section, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Sites. The positing of information or materials on the Sites does not constitute a waiver of any right in such information or materials.
Limited Right to Use
The viewing, printing or downloading of any content, graphic or form or document from the Sites grants you only a limited, nonexclusive license for use solely by you for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (but not for resale ore redistribution).
You agree to respect all copyrights and intellectual property rights that may be obtained through all Sites, services or networks.
The information you provide on phabnutrition.com and HealthandWellnessStyle.com will not be distributed or sold for profit or gain. Users who wish to review the HIPAA policy for P.H.A.B. Nutrition, Inc should contact the Company directly. Users are advised to consult the individual privacy policies on the portal and resource sites in regard to privacy. The Company shall not be held liable for any issues of security, privacy or loss of information on the Sites or portal sites through contact forms, emails, journals or blogs. It is understood by the User that information posted in on-line journals and blogs may be viewed by the public, and not considered private information. Users should not post sensitive health information or other private correspondence in these areas.
Use of Information
Registration and Password
You are responsible for maintaining the confidentiality of your information and password. You shall be responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify the Company of any unauthorized use of your registration or password.
General Practices Regarding Use and Storage
You acknowledge that the Company may establish general practices and limits concerning use of the Sites, including without limitation the maximum number of days that information stored in an online journal will be retained by the Sites, the maximum number of foods, activities, or other items that can be stored in an account on the Sites, the maximum disk space that will be allotted on the Company's servers on your behalf, and the maximum number of times (and the duration for which) you may access the Sites in a given period of time. You agree that the Company has no responsibility or liability for the deletion or failure to store any content maintained by the Sites or Portal Sites. You acknowledge that the Company reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that the company reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
Modifications to Service
The Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that the Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
The Company reserves the right, at its sole discretion, to suspend or deny you access to all or any portion of the Site with or without notice for any reason. The Company may also at its sole discretion and at any time discontinue providing the service, or any part thereof, with or without notice. You agree that any termination of your access to the Sites may be effected without prior notice, and acknowledge and agree that the Company may immediately deactivate or delete your account and all related information and files in your account and bar any further access to such files on the Sites. Further, you agree that the Company shall not be liable to you or any third-party for any termination of your access to the Sites.
Links to other Web Sites
The Sites contains links to other Web Sites. We are not responsible for the content, accuracy or opinions expressed in such Web Sites, and such Web Sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked Web Site on our Sites does not imply approval or endorsement of the linked Web Site by us. If you decide to leave any of our Sites and access these third-party sites, you do so at your own risk.
We are pleased to hear from our Users and welcome your comments regarding our services. If you send us comments, suggestions, ideas, articles, materials, notes, drawings, concepts or other information (collectively, "Submissions"), the site submissions shall be deemed, and shall remain, our property and we may use, copy, display, distribute, adapt, transfer or dispose of Submissions in any way and for any purpose as we may, in our sole discretion, determine appropriate. None of the Submissions shall be subject to any obligation of confidence, on our part, and we shall not be liable for any use of disclosure of any submissions.
You agree to defend, indemnify and hold harmless the Company its affiliates, directors, officers employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use by you of the Services, publications or products.
YOU EXPRESSLY AGREE THAT USE OF THE SITES IS SOLELY AT YOUR OWN RISK. NEITHER THE COMPANY, NOR OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AFFILIATES, ADVERTISERS, SPONSORS, OR OTHERS, WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO WE OR THEY MAKE ANY WARRANTY OR CLAIM AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITES, OR AS TO THE ACCURACY, RELIABILITY, OR CURRENY OF ANY INFORMATION, CONTENT, SERVICE, OR MERCHANDISE PROVIDED ON OR THROUGH THE SITES.
THE SITES, AND YOUR ACCESS TO IT, IS PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS AND WE SPECIFICALLY DISCLAIM WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AS TO ALL GOODS, SERVICES, PUBLICATIONS AND INFORMATION PROVIDED ON OR THROUGH THE SITES, OR ORAL OR WRITTEN INFORMATION GIVEN BY US NOR ANY PROVIDER SHALL CREATE ANY WARRANTY.
LIMITATION OF LIABILITY
THE COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT, RESULTING FROM THE USE OR THE INABILTIY TO USE THE SITE OR MESSAGES RECEIVED OR PRODUCTS, PUBLICATIONS OR SERVICES PURCHASED OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF USER'S TRANSMISSION OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
The terms of service constitute an agreement between you and the Company and govern your use of the Service. The provisions of this agreement that by content are intended to survive, shall survive, the completion and/or termination of the Services and/or this agreement. These terms of service and the relationship between you and the Company shall be governed by the laws of the State of Georgia. Paragraph headings, if any are for convenience only and shall not be a part of the terms. If any provisions of these terms of service are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these terms of service, which shall remain in full force and effect. No waiver of any term of these terms of service shall be deemed a further or continuing waiver of such term or any other term.